Land Use, Zoning and Planning Lawyers in Rochester, New Hampshire
In Rochester, New Hampshire, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.
There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be built next to daycare centers, pig farms should not be built in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.
What if My Property Violates Rochester, New Hampshire's Zoning Laws?
If something on your property is in violation of a Rochester, New Hampshire zoning law, the landowner has several options.
The most obvious solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.
Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Rochester, New Hampshire's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
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How Can a Rochester, New Hampshire Attorney Help?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A good Rochester, New Hampshire attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.
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Life in Rochester
Rochester is home to 32,000 Strafford County residents who live in New Hampshire's largest region, the Seacoast region. Rochester is home to Skyhaven Airport and the annual Rochester Fair. The Rochester Fair has lots of games, carnival ride, and even food, wine, and fine dining tents.The 45 square miles Rochester covers was incorporated in 1772 and encompasses both East Rochester and Gonic Villages. The heavily wooded area have a number of very tall White Pine trees that were reserved to be used as masts for Royal Navy Ships. During the Revolutionary War, Rochester was used as a meeting place for soldiers before traveling to their assignments.
A Civil War monument once stood in the downtown section of town and commemorated the 54 men who died in Rochester but during World War II, cannons on the side were melted down for use in the war. The monument today depicts a civil war scene accented by four World War II guns. Rochester is a destination for many American history buffs and local school trips.
Rochester is an attractive community that is ideally situated in the New England region. The city allows a wide variety of professionals, artists, and students to commute to nearby cities and states. It's geographic location provides dramatic autumn trees attracting tourists from around the globe.
Rochester has been a place where important people have gone to live because it is positioned in such a desirable location within New England. This includes Inventor Isaac Adams, Governors, U.S. Congressmen, Senators, and Arctic explorers like Charles Francis Hall. Rochester is home to some great lawyers today too. Rochester lawyers are familiar with local courts and their rigid procedures. They can help you do everything from getting money for an injury to disentangling your personal assets with an ex-husband or ex-wife.
